The Game Analysis Of Discontinued Crime

Discontinued crime is a kind of stopping form, when criminals gave up their criminal acts, or prevented the occurrence of harmful results voluntarily and effectively in the process of direct intentional crime. If the criminal's actions of discontinuance have three requirements including timeliness, automaticity and validity, discontinued crime then can be identified. Because the behaviors of a criminal before his discontinuance action are worthless, criminal law doesn't renounce the punishment on discontinued criminal. However, as the same time, criminal law chooses to impose a lenient sentence on the discontinued criminal, in order to encourage him to return the "golden bridge".As a kind of research method, game analysis has already used to solve legal problems, so it can be used to research the theory of discontinued crime. The game analysis of discontinued crime must have some hypotheses and preconditions. The hypotheses include:The country and criminal are both rational men, and they prefer to invest the minimal costs to obtain the maximum benefits; the preconditions is the necessary elements to establish game model, including players, information, strategies and payoff. In the conditions of complete information, the article assigns the payoff of country and criminal if they have the four different strategies combination, and then analyzes discontinued crime by adopting extensive form representation. As a result, it gets a conclusion that the Nash equilibriums may be (discontinue, lenient) and (continue, not lenient). In the strategic form representation, the article sets variables of the country and criminal's costs and incomes to establish the gains matrix of the discontinued crime's game. And the Nash equilibriums are the same as extensive form representation's equilibriums. In order to verify the conclusion, the article changes the conditions. In the conditions of incomplete information, the country will set an example of "compliance with credit", in order to the legislation of discontinued crime and "golden bridge" can play a role in the judicial practice. Only in that way, the game of country and criminals can continue and repeat in a long term. Finally, the game's Nash equilibrium may be (discontinue, lenient). So, on the both sides of "golden bridge", an ideal ending is just that criminals choose to discontinue their crimes and country chooses to impose a lenient sentence.Through the game analysis of discontinued crime, it can be seen that the legislation of discontinued crime is effective and commendable. However, it still has deficiencies, including that the definition of damage is uncertain, the range of leniency is too broad, and the legislation does not refer to of discontinuation of joint offence. It is necessary to define "damage", confirm the range of leniency in a certain extent, and make legislation of discontinuation of joint offence.